IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Ex Parte Reexamination of:
`
`US. Patent No. 7,010,508 to LOCKWOOD
`
`Confirmation No.: 1015
`
`Control No.: 90/012,671
`
`Art Unit: 3992
`
`Filed: September 15, 2012
`For: Automated Multimedia Data
`Processing Network
`
`Examiner: REICHLE, Karin M.
`Patent Owner’s Atty. Docket: 3323.002REX5
`
`Declaration ofLawrence B. Lockwood Under 37 C. ER. § 1.131
`
`Mail Stop "Ex Parte Reexam "
`Arm: Central Reexamination Unit
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`The present declaration is being filed in the above-captioned reexamination proceeding.
`
`1, Lawrence B. Lockwood, a citizen of the United States, and a resident of La Jolla,
`
`California, declare that:
`
`1.
`
`1, Lawrence B. Lockwood, am the sole inventor, patentee, and patent owner of US.
`
`Patent No. 7,010,508 (“the ’508 patent”), filed April 7, 1995. I understand that the ’508 patent is
`
`currently under reexamination at the United States Patent and Trademark Ofiice, as captioned
`
`above.
`
`I understand that claims 8-15 of the ‘508 patent currently under reexamination stand
`
`rejected under 35 U.S.C. §§ 102(b) and 103(a) using Johnson as a base reference, while all other
`
`claims of the ’508 patent are confirmed.
`
`2.
`
`I am authorized to Sign this Declaration as the patent owner of the ’508 patent. I am
`
`also signing this Declaration on behalf of myself, as the sole inventor of the ’508 patent.
`
`Atty. Docket No.: 3323.002REX5
`
`Landmark Exhibit 2012
`
`Ebay and GSI V. Landmark
`IPR2014-00026
`
`Landmark Exhibit 2012
`Ebay and GSI v. Landmark
`IPR2014-00026
`
`

`

`Declaration ofLawrence B. Lockwood
`
`2
`
`Corrtrol No. 90/012,671
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`3. As discussed below in fiirther detail with reference to the relevant exhibits, (i) the
`
`effective filing date of the ’508 patent is May 24, 1984, (ii) I conceived every feature recited in
`
`claims 8—15 of the ’508 patent in the United States prior to September 1983 (the efl°ective date of
`
`Johnson), and (iii) my conception of every feature recited in claims 8-15 of the ’508 patent was
`
`coupled with due diligence from prior to September 1983 to May 24, 1984. Therefore, every
`
`feature recited in claims 8-15 of the ’508 patent antedates Johnson.
`
`4. Lockwood Exhibits 5-18 Bates-numbered stamped February 1993, were exhibits in
`depositions of the patent litigation Lockwood vs. American Airlines, Inc., 28 U.S.P.Q.2d 1114
`
`SD. Cal. 1993), Lockwood vs. American Airlines, Inc, 30 U.S.P.Q.2d 1292 (Fed. Cir. 1994),
`
`Lockwood vs. American Airlines. Inc, 34 U.S.P.Q. 2d 1290 (SD. Cal. 1994), Lockwood vs.
`
`American Airlines, Inc., 37 U.S.P.Q.2d 1534 (SD. Cal. 1995), In re Lockwood, 33 U.S.P.Q.2d
`
`1406 (Fed. Cir. 1995), Lockwood vs. American Airlines, Inc., 116 U.S.'29 (1995) and Lockwood
`
`vs. American Airlines, Inc., 41 U.S.P.Q.2d 1961 (Fed. Cir. 1997). All the Bates-numbered
`
`Lockwood Exhibits 5-18 were produced during pre—trial discovery in 1992.
`
`5. The Office previously implied acceptance of my Rule 131 Declaration (and
`
`Supplemental Declaration stating conception was in the United States) based on similar evidence
`
`as is discussed herein for U.S. Patent No. 5,576,951 in Control No. 90/006,625. Although not
`
`specifically stated, the Office withdrew a rejection attached by my Rule 13] Declaration and
`
`issued a new Office Action. (May 26, 2005 Ofiice Action.) In that reexamination, the evidence
`
`was implicitly accepted to overcome a June 1983 publication date of Biehal reference. The ’951
`
`patent claimed similar forward and backward chaining features that performed analysis of user
`
`entries and remotely accessed stored data. (’951 patent, claims 1 and 10.)
`
`2
`
`

`

`Declaration ofLawrence B. Lockwood
`
`3
`
`Control No. 90/012,671
`
`Story of the Invention
`
`6. Throughout the late 1970’s and early 1980’s I was a pioneer in innovating technology
`
`that would allow consumers to apply for financial services and other products in remote
`
`terminals and get almost instantaneous decisions or alternative options.
`
`7. Starting in 1979 I worked with my patent attorney Henri J.A. Charmasson (see
`
`Charmasson Rule 131 Declaration,
`
`filed concurrently herewith). As
`
`is detailed in the
`
`Charmasson Rule 131 Declaration, I filed several US. and Canadian Utility and Design patent
`
`applications that continued to improve on my original conception of the invention. These
`
`applications detail my conception and constructive reduction to practice of the subject matter
`
`claimed .in the ‘508 patent. The “Lockwood Family of Patents” include:
`
`7,010,508, filed April 1995, Automated multimedia data processing network
`6,289,319, filed Nov. 1994, Automatic business and financial transaction processing
`system
`
`5,576,951, filed March 1994, Automated sales and services system
`5,309,355, filed Sept. 1993, Automated sales system
`CA 1,236,216, filed May 1985, Automatic information, goods and services dispensing
`system
`RE32,115, filed Nov. 1984, Self-service terminal
`4,567,359, filed May 1984, Automatic information, goods and services dispensing system
`CA 1,189,973, filed Oct, 1982, Self Service Terminal
`
`D286,956, filed Sept. 1982, Combined automatic information terminal and vending
`machine booth
`
`D276,626, filed Sept. 1981, Combined automatic information terminal and vending
`machine
`
`4,359,631, filed July 1980, Self-service temiinal
`
`8. The patented technology includes innovations that have been consistently years ahead
`
`of their time, and include core teachings of e-commerce employing graphics, text, search and
`
`shopping cart functions essential
`
`to Internet retailing, electronic banking, online commerce,
`
`financial services, insurance and medical systems.
`
`3
`
`

`

`Declaration ofLawrence B. Lockwood
`
`4
`
`Control No. 90/012,671
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`9. Over 100 companies have licensed the Lockwood Family of Patents across multiple
`
`industries.
`
`10. Over 1,000 subsequent patents have cited the Lockwood Family of Patents.
`
`11. In the 1970’s I conceived the invention of a multi-media interactive video terminal
`
`which issued November 1982 as US. Patent No. 4,359,631, now B1 Re. 32,115.
`
`12.1 continued to improve on this technology and work with my patent attorney to
`
`provide him with enough information to support enablement and written description for at least
`
`forward chaining that analyzed and combined user entry with stored data accessed from a remote
`
`location. Thus, based on the teachings of the claimed invention of the ’631 patent, I conceived a
`
`more sophisticated multi-media terminal, system, and method to provide information, goods, and
`
`services.
`
`13. From Summer of 1982 to Winter of 1984, I was fully engaged in developing my
`
`invention that led to the ’525 application with no other employment. Throughout this time I
`
`regularly met with Mr. Charmasson to discuss the progress of my invention and to receive
`
`guidance on what more was needed to support his drafiing and filing of a new patent application
`
`on my invention.
`
`14. With regards to the subject matter in at least claim 8 of the ’508 patent, I conceived
`
`my invention as early as at least Spring of 1983, and applied due diligence throughout 1983 and
`
`1984, toward reduction to practice of my invention and the filing of the patent application Serial
`No. 06/613,525 for Automatic Information, Goods and Services Dispensing System on May
`
`24th, 1984, which is the grandparent of the instant patent.
`
`4
`
`

`

`Declaration ofLawrence B. Lockwood
`
`5
`
`Control No. 90/012,671
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`.
`
`Lockwood Portfolio
`
`
`
`‘ 11276626 (061301.549)
`I Fflingdate: 09144981 ‘
`‘
`Isweda_ce_:12-o4.1984
`
`0286.956 (06426.422)
`Filing date: 09—26 1982
`Issue daie: 12-02-1986
`
`
`1
`
`1
`i
`
`4,359,631 (061168.953)
`Filing date: 07-114980
`
`Issuedale: 11-16-1982 \
`
`1 9
`
`:
`
`_.
`c.111s9973
`Filing date: 10134932
`M." “'1‘" "747149”
`
`96064973
`; Filing date:09-18-1996
`= cm issued: 01912—1997»
`
`‘
`
`
`
`,
`RUIJISt’OG/GHJOS)
`Filing data 11-15-1984
`Issue date: 04.154986
`
`4.567.359 (06/613,525)
`(11236216
`Filing date. 05—23 1985 ——‘9 Filing date: 05-24-1984
`Issue du2205-63—1988
`.
`
`‘
`
`Issue dine: 01-28-1986
`90,002,431 // UE
`i
`I
`Filingdaie:09-03-1991
`05,821,”
`'
`W'demed
`| Filingdate: 0124-1986 .
`g Abandoned: 06-09-1988 3
`
`. F“
`,
`
`071168.856'
`
`I‘
`1 Filing date: 03 16-1988 1
`g Abandoned 10311991 =
`'i" A. -“>.'
`‘L
`'
`" ‘
`‘ '
`‘
`"g
`07753036
`Pilingwt- “39—1991
`““4054. 74.74993
`
`—------
`1
`07/152973
`g
`5
`7
`1
`_
`
`‘
`Filingd111e.02~18-1988
`. flaw“0- 4" 199° -
`In .------------------------------------------
`¢-
`07i462‘648
`
`Filing date: 01-09— I 990
`07/395135W/Ififlananned 01T111?}..
`3
`Filing 0:112:08-21 1989
`;
`" Abandoned109-09-l993 “
`—“T"—“’
`
`
`
`r i
`
`Xi
`
`.
`
`081096.610
`;
`‘;
`; Filing 11.116220792343793
`Abandonedzll—30-1994 ;
`
`
`
`
`5,309,355 (081116.654)
`Filing date: 09433-1993
`1551109211605413- 1994
`
`i i
`
`6,289,319 (cs/347,270)
`1
`,_
`.
`5
`i
`.576951 (osmo 301)
`:->. meg-39:32: .
`.11.... o,m .. wow
`E
`15511911319 1119-1995 J
`Fumg amazes-054003 =
`-
`““9 2E-_“_;...=
`T7” ”77"
`Can 15m 06-27-2007 a
`7’1
`
`90’0'116“
`'
`; Filing date: 09.14.2012
`Cen Issued: 01-08-2013
`
`
`7.010.508 (081418.772)
`Filing date: 04-07—1995
`Issue date: 03-07-2006
`
`
`‘
`90/006,635
`Filing date: 05-05-2003
`Can Issued: 01-09-1008 .
`
`”012.685
`Filing dale: 09-15—2012
`Cen Lssued: 05-10-2013
`
`Terminated
`
`,- _
`1
`1
`
`5
`
`.
`
`.
`
`_,
`___..
`90,0116“
`Filing date: n/a
`Status: 11-20-2012 -
`Reprocessing
`
`90,0125“
`Filing date: 09—15—2012
`Status: 02-20401} -
`Non-Final Action
`Mailed
`
`.
`
`5
`
`

`

`Declaration ofLawrence B. Lockwood
`
`6
`
`Control No. 90/012,671
`
`15. Additional details of the history of development of the claimed invention can be
`
`found in my Centron Business Plan. (Lockwood Exhibit 9, Bates # L57.)
`
`Conception and Diligence to Constructive Reduction to Practice
`
`16. I understand that conception must occur in the United States, a NAFTA country, or a
`
`WTO member country. (MPEP § 2138). I also understand that, to establish conception, I must
`
`show possession of every feature recited in the claims, and that every feature of the claims must
`
`have been known to me at the time of conception. (Id.). Further, I understand thatconception
`
`must be proved using corroborating evidence. (Id.).
`
`17. In addition to conception prior to the September 1983 effective date of Johnson, I
`
`understand that I must show reasonable diligence from just prior to the September 1983 effective
`
`date of Johnson until a reduction to practice of every feature recited in claims 8-15 of the ’508
`
`patent. (NEPEP § 2138). I also understand that reduction to practice may be an actual reduction or
`
`a constructive reduction to practice, the latter of which occurs when a patent application is filed.
`
`(Id.). Further,
`
`I understand that constructive reduction to practice requires the claims and
`
`Specification of the ’508 patent is in compliance with 35 U.S.C. § 112, first paragraph. (Id.).
`
`18. Lockwood Exhibit A is a conception claim support chart showing evidence that I
`
`conceived of the claimed invention of the ’508 patent prior to September 1983. Documents
`
`described in the chart are discussed below,
`
`19. Several of the documents refer to either Centel or Centron. I was the sole owner of
`
`‘Centel and Cenu'on and the sole source of all innovations that were produced by Centel and
`
`Centron. (Charmasson l3] Declaration, 1] 5; Lockwood Exhibit 2; Lockwood Exhibit 6 (Bates #
`
`L106) showing me as Vice President of Centron.) Centel’s address on Lockwood Exhibit 2 and
`
`6
`
`

`

`Declaration ofLawrence B. Lockwood
`
`7
`
`Control No. 90/012,671
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`Centron’s address on Lockwood Exhibit 6 were and continue to be my home address as 1 ran
`
`both businesses out of my personal home office.
`
`20. Lockwood Exhibit 2 is a July 27, 1982 letter fiom Senior Counsel for the State of
`
`California Department of Insurance. The letter responds to my due diligence in the beginning of
`
`deveioping the claimed invention regarding the feasibility of furnishing consumers with means
`
`of obtaining insurance quotations and policy binders by use of credit cards from remote self-
`
`service terminals.
`
`21. Lockwood Exhibit 3 is US. Design Patent D286,956 filed September 26, 1982. The
`
`’956 Design Patent was for an implementation of my new Automated Insurance Center (AIC)
`
`invention.
`
`22. Lockwood Exhibit 4 (Bates # L858) is a painting dated Fall of 1982. I commissioned
`
`Umberto Baldini to paint a color rendering to show how the invention would be used in a retail
`
`setting. This painting is almost identical to the patented subject matter of the ’956 Design Patent,
`
`for which I am the sole inventor.
`
`23. Lockwood Exhibit 5 (Bates # L855—877) ‘Centron’ Automated Insurance Centers was
`
`prepared during the Fall of 1982 and the Spring of 1983. This captures my research and
`
`development for a potential patent application of my invention as it would apply to the insurance
`
`industry. For example, pages 9-10 (Bates # L864-65) discuss local terminals networked with and
`
`accessing data from remote Centron computers and insurance company computers to perform
`
`operations stored in the local terminals allowing for automated processing of applications:
`
`7
`
`

`

`Declaration ofLawrence B. Lockwood
`
`8
`
`Control No. 90/012,671
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`.
`
`Each Automated
`computer which ...
`
`Insurance Cemer
`
`Is connected Io Centres-1's mam
`'
`
`"
`
`'
`
`'
`'
`
`"
`
`Updates the quotation data in each automated Insurance Center
`daIIy
`Collects Insurance binder data from each Automa‘ed Insurance
`Center daily
`Monitors each AutomaIed Insurance Center for normal function
`Interfaces with each subscrlblng Insurance company‘s computer to
`deliver. personal data on cllent necessary for
`Issue of company
`policy
`Processes paymems and forwards them to the Insurance company
`computer
`
`‘
`
`AUTOMATED INSURANCE canvass
`
`REMOTE LOCATIONS IN
`
`MAJOR REGIONAL SHOPPING COMPLEXES
`
`
`
`CENTRON
`
`in
`
`' INSURANCE COMPANY'S REGIONAL OR HOME OFFICE COMPUTER
`
`24. Lockwood Exhibit 6 (Bates # L106) is a January 4, 1983 letter from Steven
`
`Taniguchi of PIA Merchandising Co. The letter refers to our December 1982 meeting, during
`
`Whlch we discussed what became my claimed invention and to seek marketing consultation.
`
`8
`
`

`

`Declaration ofLawrence B. Lockwood
`
`9
`
`Control No. 90/012,671
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`.
`
`25. In the Spring of 1983, I met with William H. Vander Velde (Exhibit 9 Bates # L66),
`
`a retired Senior Vice President of the insurance brokerage firm Fred S. James and Company. I
`
`explained the current version of my AIC invention I was developing. Mr. Vander Velde believed
`
`that once fully developed my invention would address the insurance industJy’s need to reach
`
`con5umers and promote their services. He introduced me to Mr. Charles Murray (Paragraph 29
`
`below).
`
`26. Lockwood Exhibit 7 (Bates # Ll32-144) are papers surrounding a Research Project:
`
`Automated Insurance Centers started in April of 1983. I employed Gregory Santos (Bates #
`
`L155) to write the paper. I explained to Mr. Santos my invention and shared with him ‘Centron’
`
`Automated Insurance Centers (Lockwood Exhibit 5). Mr. Santos outlined what actions would be
`
`needed by hardware and software technicians to implement my invention. Based on our
`
`discussions of my invention, Mr. Santos prepared a Project Time Line (Bates # L144). In May
`
`1983, Mr. Santos finished The Research Project, Automated Insurance Centers. He continued
`
`working on the AIC project throughout 1983.
`
`27. Lockwood Exhibit 8 (Bates # L878-886) details my May 1983 discussions with and
`
`employment of Gerard K. Moore (Bates # L150) to work on the marketing of the AIC invention.
`
`I explained to Mr. Moore my invention and shared with him ~‘Centron’ Automated Insurance
`
`Centers (Lockwood Exhibit 5). Between June 17, 1983 and December 28, 1983 Mr. Moore and I
`
`met regularly with insurance companies (Bates # L7] and L72), computer sofiware designers,
`
`computer companies and investment bankers. These meetings involved over 450 hours of his
`
`time working on the development of the AIC project during 1983.
`
`9
`
`

`

`Declaration ofLawrence B. Lockwood
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`10
`
`Control No. 90/012,671
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`28. Lockwood Exhibit 9 (Bates # L53-l60) is a ‘Centron’ Automated insurance Centers -
`
`Business Plan prepared in August 1983. I prepared this with the assistance of Gerard Moore. The
`
`Business Plan was instrumental
`
`in obtaining investment funding during 1983 and 1984 to
`
`continue development of my claimed invention.
`
`29. Lockwood Exhibit 10 (Bates # L888-893) is a marketing strategy developed in
`
`September 1983 based on my August 1983 meeting with Charles F. Murray, president of
`Consumer Marketing. I met with MrrMurray to take advantage of his marketing relationships
`
`with many of the major insurance companies and banks. I wanted to use this network to promote
`
`AIC’s so that I could continue developing the technology and eventually protect the technology
`
`in my claimed invention. We developed the marketing strategy for the installation of the new
`
`insurance sales and information AIC invention in multiple locations.
`
`30. Lockwood Exhibit 1 l (Bates # 14900-903) is a November 1983 invoice ordering two
`
`AIC scale models from Dimensional Coordinates, Inc. to enhance the marketing of the claimed
`
`invention.
`
`31. Lockwood Exhibit 12 (Bates # L1614-1641) is a February 1984 Security Pacific
`
`Corporation AIC proposal. This document describes how Mr. Murray continued his marketing
`
`meetings with insurance companies and banks throughout the Fall and Winter of 1983 and
`
`Spring, Summer and Fall of 1984. As mere example, Mr. Murray and I made marketing
`
`presentations of the AIC invention in early 1984 to Bank of America executives at their San
`
`Francisco corporate offices and Security Pacific executives at their San Diego corporate offices.
`
`32. On July 25, 1983, Mr. Moore and I met with Mr. Loeschner of Digital Equipment
`
`Corporation (Lockwood Exhibit 8, Bates # L879). Mr. Loeschner recommended that I use a San
`
`10
`
`10
`
`

`

`Declaration ofLawrence B. Lockwood
`
`1 1
`
`Control No. 90/012,671
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`Diego firm named Com Technology to assist me in implementing the technology I had been
`
`diligently continuing to develop to be used in future AIC products. This would also allow me to
`
`further develop the information needed to prepare a patent application protecting the claimed
`
`invention in the ’508 patent.
`
`33. Lockwood Exhibit 13 (Bates # L895-899) demonstrates that during August and
`
`September of 1983, I met with Com Technology and explained my AIC invention in order to
`
`develop a demonstration system. After evaluating their capabilities and determining they could
`
`develop a demonstration system, I employed Com Technology in October 1983. For example,
`
`they agreed to build a system described as:
`
`COM TECHNOLOGY agrees to deliver to CENTRON a demonstration system
`1bed 1n
`1 teractive control video software as descr
`consisting of
`n
`DEC PRO350 with extended bit-map option.
`( Interactive Video Information System) v/LASO
`
`34. Lockwood Exhibit 14 (Bates # L161-184) is an August 1983 document called the
`
`Automated Insurance System detailing the hardware and communications of the AIC network
`
`developed by Com Technology. This document was instrumental in continuing to capture the
`
`claimed invention of the ’508 patent. For example, Figure 2 of the ’525 application and the ’508
`
`patent is shown as the System Overview (Lockwood Exhibit 14 Bates # L164).
`
`T
`
`11
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`

`

`Declaration ofLawrence B. Lockwood
`
`12
`
`Control No. 90/012,671
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`LI
`
`unz- annular:
`
`’508 Patent
`
`Lockwood Exhibit 4
`
`35. This shows that before September 1983 I had developed the claimed invention to the
`
`point to allow for receipt of local input and access remote input, via the modem, and was able to
`
`explain that system to Com Technology in enough detail to produce the Figure that eventually
`
`made its way into the ”355 application and ’508 patent. However, I was still working on
`
`implementation of the claimed invention.
`
`36. Lockwood Exhibit 13 (Bates # L1579) is a Proprietary Rights Agreement I executed
`
`on behalf of Centron with Com Technology.
`
`37. Lockwood Exhibit 18 (Bates # L853-854) is an invoice for equipment from Digital
`
`Equipment Corporation purchased to continue development of my AIC invention.
`
`38. Lockwood Exhibit 16 (Bates # L189-265) is a document, Automated Insurance
`
`Network, written by Mr. Thomas F. McCarthy, an insurance software programmer I hired. I
`
`interviewed him in December 1983 and hired him in February 1984. He helped to further
`
`12
`
`12
`
`

`

`Declaration ofLawrence B. Lockwood
`
`13
`
`Control No. 90/012,671 ~
`
`.
`
`develop my invention. For example, he was able to take my ideas and generate a diagram (Bates
`
`# 11192);
`
`Bates L1 92
`
`FIG. 1 of ’508 Patent
`
`Mr. Charmasson, my patent attorney, was able to later use this for the basis of Figure 1 in
`
`.
`
`the ’525 application and the ’508 patent;
`
`39. Also, bi—direction data flow is discussed (Bates # L218) where processing is
`
`performed on local data and accessed remote stored data.
`
`40. Further, regarding flow diagrams (Bates # L250 and L262-265) , Mr. Charmasson,
`
`my patent attorney, was able to use these as the basis for Figure 3-7 in the ’525 application and
`
`the ’508 patent my patent application.
`
`41. Mr. McCarthy completed the document
`
`in April 1984 and a Proprietary Rights
`
`Agreement was executed (Lockwood Exhibit 15, Bates # L1577 and L1578). Mr. McCarthy
`
`continued working on the AIC project throughout 1984.
`
`13
`
`13
`
`

`

`Declaration ofLawrence B. Lockwood
`
`14
`
`Control No. 90/012,671
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`42. Afier this document was completed, along with the other documents discussed above,
`
`Mr. Charmasson, my patent attorney, finally had enough information to prepare and file the ’525
`
`patent application on May 24, 1984, which issued as US. Patent No. 4,567,359 on January 28,
`
`1986 (Lockwood Exhibit 17).
`
`CLAIMS 8-15 OF THE ’508 PATENTARE FULLY SUPPORTED IN THE ’525
`APPLICAITQN
`’
`
`43. Lockwood Exhibit B is a Priority Support Chan demonstrating that the effective
`filing date of the ’508 patent is May 24, 1984, which is the filing date of the ’525 application
`hecause (i) as evident on the face of the {508 patent, the ’508 patent preperly claims priority to
`the ’525 application and (ii) every feature recitedin ciaims 8-15 ofthe ’508 patent is supported
`by the disclosure ofthe ’525 patent“
`
`44.1 uhderstahd that, based on the effective tiling date of May 24,1984, of the ’508
`patent, Johnson15 not availahie as prior art because Johnson has an effectivedate of September
`1983. Therefore, consistent with the requirementsof MPEP § 715, this Declaration1S effective to
`establish invention of claims 8-15 of the ’508 patent prior to the effective date of September
`
`1983 of Johnson.
`
`14
`
`14
`
`

`

`Declaration ofLawrence B. Lockwood
`
`15
`
`Control No. 90/01 2,671
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`I hereby declare that all statements made herein of my own knowledge are true and that
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`all statements made on information and belief are believed to be true; and further that these
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`statements were made with the knowledge that willful false statements and the like so made are
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`punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code, and that such willful false statements mayjeopardize the validity of the ‘508 patent.
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`Executed this
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`—/
`/ .5 {5 day of May, 2013 in La Jolla, CA.
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`Respectfully submitted on behalf of Patent Owner Lawrence B. Lockwood pursuant to 37
`C.F.R. § 131(a),
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`Data/17M /5’30/,3 W
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`Lawrence B. Lockwood
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`15
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`15
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`

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`Lawrence Lockwood Rule 131 Declaration
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`Exhibit D
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`16
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Ex Parte Reexamination of:
`
`US. Patent No. 7,010,508 to LOCKWOOD
`
`Confirmation No.: 1015
`
`Control No.: 90/012,671
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`Art Unit: 3992
`
`Filed: September 15, 2012
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`Examiner: REICHLE, Karin M.
`
`For: Automated Multimedia Data
`Processing Network
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`Patent Owner's Atty. Docket: 3323.002REX5
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`Declaration ofHenri J.A. Charmasson Under 37 GER. § 1.131
`
`Mail Stop "Ex Parte Reexam "
`Attn: Central Reexamination Unit
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`The present declaration is being filed in the above-captioned reexamination proceeding.
`
`I, Henri J .A. Charrnasson, declare that:
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`I am a citizen of the United States and a resident of San Diego, California.
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`I am a patent attorney Reg. 27,478 having practiced from 1977 to 2009.
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`Mr. Lockwood was referred to me by attorney John Thomas of San Diego in 1979 to
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`1.
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`2.
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`3.
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`patent his idea for a multi-media computerized terminal in communication with remote data sources
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`for the purchase of information, goods and services.
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`4.
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`Mr. Lockwood had been a client of my firm since 1979.
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`Atty. Docket No.: 3323.002REX5
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`17
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`17
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`Declaration .ofHenri J.A. Charmasson
`
`2
`
`Control No. 90/012,671
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`5.
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`I met frequently with Mr. Lockwood in 1982, 1983 and 1984 to discuss his ideas and
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`how to protect them. We discussed copyrights, trademarks and patents. During this time, Mr.
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`Lockwood was the owner and main inventor at Centel and Centron.
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`6.
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`I was aware Mr. Lockwood was actively working full—time to develop his Automated
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`Insurance Center business.
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`I continued to advise him of the necessary software and hardware
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`specifications needed to protect his idea’s in patents for his invention.
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`7.
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`I was aware Mr. Lockwood was working on documenting his current ideas and
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`business plan building off the design patent I had previously filed for Mr. Lockwood in September
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`1982.
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`8.
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`To my knowledge the Automated Insurance Centers business was Mr. Lockwood's
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`sole creation. He hired many persons to assist him with mere technician duties to design and
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`implement his ideas by proposing software and hardware specifications to implement his invention.
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`9.
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`As his patent attorney I did not think any contributions made by any other party to the
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`development of Mr. Lockwood’s ideas made them an inventor on ’525 family of Mr. Lockwood’s
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`patents.
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`10. Mr. Lockwood and I met regularly during 1982, 1983 and 1984 to discuss his
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`progress to develop his business and the necessary hardware and software material for filing his
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`patent application in May 1984 which issued as U.S. Patent No. 4,567,359.
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`11.
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`I was the attorney of record for the U.S. patents discussed in Mr. Lockwood’s 131
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`Declaration. I was the managing attorney for the Canadian patents discussed in Mr. Lockwood’s
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`131 Declaration.
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`18
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`18
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`Declaration ofHenri J.A. Charmasson
`
`3
`
`Control No. 90/012,671
`
`I hereby declare that all statements made herein of my own knowledge are true and that
`
`all statements made on information and belief are believed to be true; and timber that these
`
`statements were made with the knowledge that willful false statements and the like so made are
`
`punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code, and that such willful false statements mayjeopardize the validity of the '508 patent.
`
`Executed this if A day of May, 2013 in San Diego, CA.
`
`Date: 9/, /4‘/a20/§
`
`~
`
`He
`
`. Charmasson
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`19
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`19
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`